2010/05/18 HDL Software, LLC Business License Program PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this 18th day of
May, 2010 ("Effective Date") by and between the City of Menifee ("City") and HdL Software,
LLC ("Consultant") (together sometimes referred to as the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in the Scope of Work attached as Exhibit
A, and incorporated here. Such work shall be provided at the time and place and in the manner
specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this
Agreement and Exhibit A,this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date
and shall continue until either party cancels the Agreement as set out in Section 8
hereof.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards observed
by a competent practitioner of the profession in which Consultant is engaged in
the geographical area in which Consultant practices its profession and to the sole
satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the
reassignment of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to satisfy Consultant's
obligations hereunder.
1.5 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$20,000 notwithstanding any contrary indications that may be contained in Consultant's
proposal, for services to be performed plus reimbursable costs incurred under this Agreement.
The schedule for reimbursable costs and the hourly rates for the cost to convert data or provide
custom reports is set out in Exhibit A. In the event of a conflict between this Agreement and
Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set
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forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in
the manner specified herein. Except as specifically authorized in advance by City, Consultant
shall not bill City for duplicate services performed by more than one person or for additional
services as set out on Exhibit A.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following
information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.,
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement,
and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person
doing the work, the hours spent by each person, a brief description of the
work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder necessary to complete the work described in
Exhibit A;
• Receipts for expenses to be reimbursed;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
2.3 Intentionally omitted
2.4 Total Payment. Except as set out here, City shall not pay any additional sum for
any expense or cost whatsoever incurred by Consultant in rendering services pursuant to
this Agreement. City shall make no payment for any extra, further, or additional service
pursuant to this Agreement(See Exhibit A).
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
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entire Agreement, unless the Agreement is modified in writing prior to the
submission of such an invoice.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are in addition to the amount
set out and shall be billed only in the amounts provided in Exhibit A. Payment of
Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates
this Agreement pursuant to Section 8,the City shall compensate the Consultant
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination. Consultant
shall maintain adequate logs and timesheets in order to verify costs incurred to
that date.
2.9 Additional Services: HdL shall honor the discounts set out in its letter of May
10, 2010 attached and incorporated as Exhibit B, should City determine to
purchase future services, including but not limited to a software license and/or
maintenance.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant
shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the
services required by this Agreement. City shall make available to Consultant only physical
facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for
Consultant's use while consulting with City employees and reviewing records and the
information in possession of the City. The location, quantity, and time of furnishing those
facilities shall be in the sole discretion of City. In no event shall City be required to furnish any
facility that may involve incurring any direct expense, including but not limited to computer,
long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of
insurance checked below and provide Certificates of Insurance, indicating that Consultant has
obtained or currently maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies
required by this section throughout the term of this Agreement. The cost of such insurance shall
be included in the Consultant's compensation. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein
for the subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance
for any and all persons employed directly or indirectly by Consultant. The
Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS
($1,000,000.00)per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-
insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The
insurer, if insurance is provided, or the Consultant, if a program of self-insurance
is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and authorized volunteers for loss arising from work
performed under this Agreement.
4.2 Commercial General
Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the
term of this Agreement in an amount not less than ONE MILLION
DOLLARS ($1,000,000.00)per occurrence, combined single limit
coverage, for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement or the general aggregate limit shall
be at least twice the required occurrence limit. Such coverage shall include
but shall not be limited to, protection against claims arising from bodily
and personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this Agreement,
including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverase. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 or GL 0002 (most recent editions) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
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a. The insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of
the policy shall not affect coverage provided to City and its
officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability
insurance for licensed professionals performing work pursuant to this
Agreement in an amount not less than ONE MILLION DOLLARS
($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall not exceed$150,000 per
claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be
before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement
or the work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that
precedes the date of this Agreement, Consultant must provide
extended reporting coverage for a minimum of five years after
completion of the Agreement or the work. The City shall have the
right to exercise, at the Consultant's sole cost and expense, any
extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
the City prior to the commencement of any work under this
Agreement.
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4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests'rating of no less than ANII.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with Certificates of Insurance,
and upon request, complete certified copies of all policies, including
complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by
that insurer to bind coverage on its behalf.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified
endorsement shall be attached to all insurance obtained pursuant to this
Agreement stating that coverage shall not be suspended, voided, canceled
by either party, or reduced in coverage or in limits,except after thirty (30)
days'prior written notice by certified, mail, return receipt requested,has
been given to the City. In the event that any coverage required by this
section is reduced, limited, cancelled, or materially affected in any other
manner, Consultant shall provide written notice to City at Consultant's
earliest possible opportunity and in no case later than ten(10)working
days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers,
employees, agents, and authorized volunteers shall be covered as
additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or
used by Consultant; and automobiles owned, leased, or used by the
Consultant in the course of providing services pursuant to this Agreement.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or authorized
volunteers.
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers,
officials, employees and volunteers, and that no insurance or self-
insurance maintained by the City shall be called upon to contribute to a
loss under the coverage.
4.4.5 Deductibles and Self-insured Retentions. Consultant shall disclose to
and obtain the approval of City for the self-insured retentions and
deductibles before beginning any of the services or work called for by any
term of this Agreement.
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During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase
such deductibles or self-insured retentions with respect to City, its officers,
employees, agents, and volunteers. The Contract Administrator may
condition approval of an increase in deductible or self-insured retention
levels with a requirement that Consultant procure a bond guaranteeing
payment of losses and related investigations, claim administration, and
defense expenses that is satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified
endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
4.4.7 Variation. Contract Administrator may approve in writing a variation in
the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not
commercially available, or that the City's interests are otherwise fully
protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of
the following remedies, which are alternatives to other remedies City may have
and are not the exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and
withhold any payment, until Consultant demonstrates compliance with the
requirements hereof, and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION
Consultant shall indemnify, defend with counsel selected by the City and hold harmless the City
and its officials, officers, employees. agents and authorized volunteers from and against any and
all losses, liability, claims, suits, actions, damages and causes of action arising out of any
personal injury, bodily injury, loss of life or damage to property, or any violation of any federal,
state or municipal law, regulation or ordinance, to the extent caused, in whole or in part, by the
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willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors
or agents, by acts for which they could be held strictly liable, The foregoing obligation of
Consultant shall not apply when(1)the injury, loss of life, damage to property or violation of
law arises wholly from the negligence or willful misconduct of the City or its officers,
employees, agents or authorized volunteers and (2)the actions of Consultant or its employees,
subcontractors or agents have contributed in no part to the injury, loss of life, damage to
property, or violation of law. It is understood that the duty of Consultant to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Consultant from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages
whether or not such insurance policies shall have been determined to apply. By execution of this
Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a
material element of consideration.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of
City. City shall have the right to control Consultant only insofar as the results of
Consultant's services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have
the right to control the means by which Consultant accomplishes services
rendered pursuant to this Agreement. Notwithstanding any other City, state, or
federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and
any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to any compensation, benefit,
or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System(PERS) as an
employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall
comply with all applicable local, state and federal laws and regulations applicable
to the performance of the work hereunder.
7.3 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally
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required to practice their respective professions. Consultant represents and
warrants to City that Consultant and its employees, agents, any subcontractors
shall, at their sole cost and expense, keep in effect at all times during the term or
this Agreement any licenses, permits, and approvals that are legally required to
practice their respective professions. In addition to the foregoing, Consultant and
any subcontractors shall obtain and maintain during the term of this Agreement
valid Business Licenses from City. If City requires payment for such Permits, the
associated costs will be included with the next annual maintenance invoice.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause
upon 30 days' written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that
this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience,
and specialized personal knowledge. Moreover, a substantial inducement to City
for entering into this Agreement was and is the professional reputation and
competence of Consultant. Consultant may not assign this Agreement or any
interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator. In the event that
key personnel leave Consultant's employ, Consultant shall notify City
immediately.
8.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of
the terms of this Agreement, City's remedies shall include, but not be limited to,
any or all of the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this
Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A
not finished by Consultant; or
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data,
maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or
any other form that Consultant prepares or obtains pursuant to this Agreement and
that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination
of the Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not necessarily
suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent
of both parties unless required by law.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or relating to charges for services or expenditures and
disbursements charged to the City under this Agreement for a minimum of three
(3) years, or for any longer period required by law, from the date of final payment
to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of
this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon
oral or written request of, the City. Under California Government Code Section
8546.7, if the amount of public funds expended under this Agreement exceeds
Ten Thousand Dollars ($10,000.00),the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
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audit of the City, for a period of three (3) years after final payment under the
Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and
expenses in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in
Riverside County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Consultant Representative. All matters under this Agreement shall be handled
for Consultant by
10.7 City Contract Administration. This Agreement shall be administered by a City
Representative ("Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Marta Bonnin
HdL Software, LLC
1340 Valley Vista Drive, Suite 200
Diamond Bar, CA 91765-3910
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Any written notice to City shall be sent to the Contract Administrator with a copy
to:
City Manager
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.9 Intentionally Omitted
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one
agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
allace gert n, May
Attest:
Kathy Bennett, City Clerk
Approved as to Form:
Karen Feld, City Attorney
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Request for Proposal—Business License Software 1,
City of Menifee, California j Aprii 15, 2010
PROPOSED TECHNOLOGY
All HdL Software systems use a robust data platform,supporting all editions of Microsoft SQL Server 2000 or
later. All editions of Microsoft Windows 2000 or later are supported,including the upcoming Windows 7. All
reporting Is accomplished through a powerful, standard reporting tool - Crystal Reports 12.5. All web-based
portions of our solutions are developed using Microsoft ASP.NET. HdL Software Is currently developing an all
new software suite, bringing the latest technology and numerous usability enhancements and new features
to our clients. The new software suite utilizes the latest Microsoft.NET framework and Microsoft WPF for an
engaging user Interface, Microsoft ASP.NET for the web interface, and Microsoft SQL Server for the database
backend. To meet the varying needs of our clients,the solution will support both on-site deployment as well
as an HdL hosted version. Interfacing with agency customers through low cost e-communication methods
(email,website)is a primary focus of the new software suite.
PROPOSED APPLICATION SOFTWARE
Business License Software and Web Renewal Module:
HdL's business license software was developed for auditing, managing and processing business licenses,using
five cities as beta sites. After installation on the City's network,the program is ready for the City to use in the
processing and tracking of business licenses. The objectives of the program are as follows:
The business license software will allow the City to enforce its business license ordinance, making sure that
every person and organization doing business in the City is licensed. It will also provide a system that will
assist the City in assuring that businesses are operating within proper zones and that they have received the
appropriate approvals and permits to operate. Approvals are frequently required from fire,police and health
departments and,in certain instances,from state agencies.
On an ongoing basis, the program will assist the City in identifying unlicensed businesses, Including home
occupations, non-profit companies that own "for profit" businesses, and businesses within a business. The
software provides a cross check with HdL's Sales Tax and Property Tax programs, as well as SB1374 (AB63)
Franchise Tax Board data,if the City is a client for those services.
The software contains a method to track business license inspections including the date of the Inspection,
type of inspection,inspector initials,disposition and status.
The software will allow the City to maintain and track all types of licensing functions,including annual licenses
and those that may be issued on a daily, monthly, quarterly or semi-annual basis. It will process licenses for
businesses based on any number of factors, including gross receipts, number of employees,number of coin-
operated devices, and number of vehicles. Because it is a table-driven system, it can accommodate the
unique rate structures of individual cities.
The software will allow easy data entry of the information contained in business license applications. Based
on business type and rate tables, it will calculate fees and print licenses. The program will track un-renewed
licenses and print renewal notices at the end of the license period, which contain computer-generated fee
calculation instructions based on business type. Delinquent notices will be generated, including the
calculation of late fees and penalties. The program will create a journal entry for entering payments into the
City's accounting records.
The software will maintain business license history for active and closed businesses. The amount of history to
be stored will be determined by the City and is dependent upon the available free space on the City's
computer. It contains data fields for other needed business information,such as emergency contact,name of
alarm company or security service used by the business, SIC codes, NAIL codes and number of rooms or
building capacity.
HdL Software, LLC Page I I
Request for Proposal—Business License Software
City of Menifee,California April 15,2020
Users will be able to query the data set in a variety of ways: by license number, business name,owner name,
address,telephone number, vehicle license number and key word. Ad hoc queries are friendly and easy to
use. The City will be able to track licenses by business types, NAIL code, SIC codes and by City-determined
geographic areas.
Hdl.'s Web Renewal Module will allow Taxpayers to renew their business license online via your City website.
The Web module will accurately calculate fees and penalties thereby eliminating.balance dur follow up.
Securely process credit card payments and process pending renewals with just a few keystrokes.
HdL provides a land management module that sits behind the business license program. This module stores
parcel information and allows address lookup when a street address is entered as a new license record is
created. It will also bring the APN number into the record.
If the City Is a client for HdL's Property Tax services, there is no cost to populate and update the land
management database. If the City wishes to use any other parcel data set,there is a one-time cost to write a
custom import utility.
The software provides for user-defined levels of security and confidentiality.
A variety of reports are available in standard format and on an ad hoc basis, including reports by business
name,address,and type,and mailing labels. The software uses Crystal Reports and also contains a propriety
user defined report tool. Reports and data are easily exported.
Computing Environment(hardware,operating system,Import/export,Interface)
Database-HdL Software systems use the Microsoft SQL Server database platform. The following versions are
supported:
• MS SQL Server 2000
• MS SQL Server 2005/2005 Express
• MS SQL Server 2008/2008 Express
Requires 1 gigabyte of disk space to accommodate the initial data set.
PC
CPU 600 Mhz or better
Memory128 MB Ram
Video 1024068, 16 bit color
OS MS Windows 2000/XP Pro/Vista
Data Import/Export
Reports can be exported In a variety of formats using the Crystall reports export functionality. And raw data
can be exported using a built in point&click export data user interface. HdL has built Sales Tax,Property Tax
and Franchise Tax Board links that support importing data for the purpose of identifying unlicensed
businesses.
REPORTING
All of HdL's software programs have a variety of reports that are available In standard format and on an ad
hoc basis, including reports by business name, address, and type, and mailing labels. The software uses
Crystal Reports and also contains a propriety user defined report tool. Reports and data are easily exported
(such as MS Word and Excel).
Reports in all of HdL's Software programs are easy to use with point and click Interface. Users will be able to
extract current and historical data easily through our export feature. All exported reports can be set in a csv
format and open easily with Excel.
Daily Cash Receipts report is part of the standard listing of reports which are included as part of the software
license fee.
HdL Software, LLC Page 12
Request for Proposal—Business License Software
City of Menifee, California April 15,2010
ON-GOING SUPPORT AND MAINTENANCE
HdL will provide ongoing software upgrades and customer support by telephone, email and the web as needed
by the City. Support services are available to the City during the first year warranty period and during any
maintenance year for which the annual maintenance fees have been paid. In the United States, no charge
support from HdL Software Is available as follows:
For technical support between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email
help@hdlcompan!es.com or call HdL offices and ask for software application support. For technical support
before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email
911@hdlcompanies.com and an HdL staff member will be paged. Please only include your name, agency and
contact#in emails to 911@hdlcompanies.com.You will be contacted as soon as possible.
HdL Software staff includes experts in all relevant areas,including software, operating systems, networking,and
hardware (printer/network/server/PC hardware). As such, we're able to provide extensive support; often
detecting and resolving issues unrelated to the operation of our software during support calls. To ensure our
support is comprehensive and easily accessible, we've invested in a remote access solution that requires no
firewall configuration by IT staff and allows HdL staff to see exactly what the user is experiencing. This tool has
increased our support efficiency,allowing more issues to be resolved immediately during the initial phone call.
HdL tracks all support calls through our Client Database and Client Request forms so that we can monitor how we
are doing with regards to our follow up, time spent with support and any issues that come up. This is done to
constantly improve our customer support.
Our technical and user support is what differentiates us from the competition. Every company claims their
support is good, but we have the client base and the full reference list to prove it. Our dedication to support is
unequaled in local government software.
Support policy regarding reports. HdL provides a number of reports with the Installation of the business license
software. These reports are developed using Crystal Reports and fall into one of two categories,standard or HdL
custom developed. HdL provides support on standard and HdL custom developed reports, provided that the
reports have not been modified by the client or other third party. As part of support, HdL will make minor
modifications to reports as needed by the City. This includes change of logo, phone#, address, signatures, and
minor text edits. Other report edits and modifications requested by the City are not covered under the
Maintenance Support,and will be developed on a time and material basis at the current rate.
Outside Connections to HdL database. HdL programs rely on the integrity of the database to operate properly.
As such,it is critical that any outside connection to the database be implemented with HdCs full knowledge and
participation.
Only"read only"connections will be established to the HdL database.
• No modifications will be made to the Hdl.database,including database/table design and data content.
• Any repair work necessary due to violations of the above items will be outside the scope of normal contract
maintenance,and as such will be billable to the client on a time and material basis.
HdL Software, LLC Page 13
Request.for Proposal—Business license Software
1 City of Menifee, California Aprli 15,2010
f PROPOSED PRICING..DETAIL
BUSINESS LICENSE SOFTWARE + 1 SERVII CES Price Comments
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f] sJirll2,orntJ Based on actual costl i,s
f� ANNUAL MAINTENANCE
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Price Comments
on the Anniversmy of the"go live"date
Year,War�qnty Pei iod
Web I Module
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kkU� X}}YrOYfr}i'rt 6~se t s iJ
50 00 p+ f Ci tt _ r
TOTAL
}may `.i450t00r1�# r i "it
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■■ Ri.•ri $�i�.. 'i�r,. ':.� .i;l;:�i'C�'y;.,;�`�*. l.-;.,� ,'-:�=# S,:a ,
* Data Conversion: includes converting account, contact, and balance due information. If detailed fee
history is desired,the cost for conversion will increase by$2,000.
? ** Web Renewal Module & HdL's Preferred Payment Gateway: HdL has selected Authorize.net as the
i preferred provider for payment gateway and merchant account.services. The Authorize.net solution has
proven to be reliable,full featured and cost effective for our clients. if the City wishes to select a different
payment gateway, there will be.a development.cost of$5,000 to,esCabllsh the link. If requested by the City,
i HdL will assess the gateway solution and provide an estimate of the development costs.
**" Quadrant Cashiering System Integration: all for exporting payment data in a format accepted by the
j Clty's finance/cashiering system.
1. Software License Fee. The license fee includes use of the software, three (3) concurrent user licenses, user guide
manual on CD,and all standard forms and reports
2. Implementation. The implementation fee covers all efforts Involved for installation and configuration of the
software. This Includes one session of pre-installation training and process evaluation, one session of "go live"
HdL Software,LLC Page 14
r
I
Request for Proposal—Business License Software
City of Menifee,California April 15,2010
training, installation support, design and programming of standard forms and reports, and configuration of the
software including construction of rate and business type tables.
3. Travel Exoenses.Travel and lodging expenses are billed at cost and apply to all.process, pre-Installation, Installation,
training,maintenance and troubleshooting meetings.
4. Land Management. The land management module allows users to import parcel information as new records are
added to the database. There are four ways to populate the land management parcel data. Regardless of the source
of the data,the City is able to import updated data at any time using the Land Management import utility.
a. If the City is a client for HdL property tax services,the import is run from the land management utility. There is
no cost.
b. If the City is not a client for HdL property tax services, the parcel data may be purchased from HdL at 20C per
parcel.
c. If the City wishes to use any other parcel data set,and is able to provide the data in a format approved by HdL,
the parcel data may be imported using standard functionality provided in Land Management. There Is no cost.
d. If the City wishes to use any other parcel data set,and is unable to provide the data in a format approved by HdL,
a re-useable utility can be developed to convert the parcel data into the proper format. The development of this
utility will be billed on a time and material basis. Once the source data has been reviewed, a statement of work
will be provided including a cost estimate.
5. - Data Conversion loationall. The cost is$2,800. Data conversion includes converting account, contact, and balance
due Information and up to 30 hours of effort. Most conversions are completed within this time frame. If data
conversion exceeds 30 hours,the City agrees to pay the programmer hourly rate for each additional hour. If detailed
fee history is desired,the cost for conversion will increase by$2,000.
6. Additional Rate Category(optional). To establish additional rates(business improvement districts,fire,health, etc.)
with separate fee tables,the cost is $3,000 per category if it uses the same renewal cycle as the standard rate. If it
follows a different renewal cycle, then the new rate category must be treated as a separate license record for each
business.
7. Quadrant Cashiering System Integration loptionali. This enables the financial data export module. The cost is
$1,500.
8. Training(optional). The cost for additional training is:
• On-site at the City-$1,200 per day /$800 per Y day
• Off-site at the HdL Companies-$90 per hour
• Via the Web-$90 per hour
9. Annual Maintenance and Customer Support Pee
There is no charge for the first year of maintenance and customer support. The annual maintenance and customer
support fee shall begin on the anniversary of the"go-live"date.
The annual maintenance fee shall be adjusted at the beginning of each anniversary year following the first year of
service. The adjustment shall equal the increase in the most recently published annual Consumer Price Index (as
published by the Bureau of Labor Statistics) for the surrounding statistical metropolitan area, all urban consumers.
Each maintenance fee adjustment shall not be less than two percent(2%)or greater than ten percent(10%).
10. Customizing Services
The software is a table-driven system and has been developed to meet almost all of the needs of a City with regard to
the management, processing and reporting of business licenses. However,should the need occur,HdL is available to
provide custom enhancements to the software on a pre-determined time and material basis. No work shall be
performed without prior written approval of the City.
11. Payment Schedule—Compensation for contract amount shall be due and payable as follows:
• 50%within 30 days of the effective date of the Software Agreement.
• 40% within 60 days of the effective date of the Software Agreement, or within 30 days of the "go-live" date;
whichever is earlier.
• Remaining 10%within 30 days of the"go-live"date.
The maintenance fee will be invoiced each year on the anniversary of the"go live"date,and shall be due and payable
within 30 days of the invoice date
12. Pricing Aglustments
HdL Software,LLC Page 15
Request for Proposal—Business License Software
City of Menifee, California April 15,2010
All pricing listed in this contract.will be honored through outdmplementatlon of the project. Any additional/optional
services needed after the"go-live" date will be provided using the pricing currently established at the time the service
Is requested.
REFERENCES
f -
: "ZAl
t i
B g TV s.
i conversion n tm tementatlon
I a. HdL will convert the City's existing data. HdL will build a series of tables in the software including types,rate
tables,fee tables,and codes. All parameters and lists-will be set up by HdL to conform to the City's business
i rules. If the City files contain historical data;they will also.be inserted into the data set.. Geographical codes
} will be assigned, consistent with those used in HdVs Sales Tax and Property Tax programs if the City is a
client for those services. if rates or types change in the future, or new ones are created, the tables are
maintainable.by the City.
b. The City will designate a staff member experienced in the functions of the business license department that
1 may be.contacted by HdL staff to answer questions and clarify issues during the initial phase of building
tables;lists and system parameters.
c. The City agrees to provide its current data information In ASCII file format with a file layout detailing the
content, format and size of the fields Included In the data set, This data will be required a minimum of two i
times during the conversion process. The City understands that the second (and any subsequent)data set
must be provided in the same format as the first data set. Any inconsistencies between the first and second
F data sets will result in a delayed installation date and additional charges for conversion. j
d_. The new data set created during this process will be verified and audited for Inconsistencies between existing
data and the rate tables and type tables.
e. The new data set and software application will be Installed on the City's network. If the City uses HdL's Sales
Tax.and Property Tax programs, these programs will be integrated with the business license software at no
additional cost. If the City Is not a client for HdVs Sales Tax and Property Tax programs, there will be a
i
Charge to Ilnk to another vendor's data set or for HdL to supply the data.
Training Tralning.will be provided for the City staff. Trained Hd.L staff will be available for any follow-up needed,
either by telephone or in person,.as part of our ongoing maintenance and support.
Timeline The default timeline for complete implementation (including"Go Live")of the Business License software
is approximately 45 days from the start of implementation.
When the Software Agreement is signed by all parties,HdL will immediately work with the City to establish a
specific implementation schedules for each system. The final timellne can range from 14 to 60 days.
However,the City understands that this timeline will be conditional upon.meeting the requirements of the
E implementation schedule.
HdL Software,LLC Page 6
Kathy Bennett E)Q41,6 i i
From: Marta Bonnin [MBonnin@hdicompanies.com]
Sent: Monday, May 10, 2010 3:44 PM
To: Kathy Bennett
Subject: HdL Software
Attachments: Web Module Info.pdf; 01-CLIENTS.doc
Hello Kathy,
Thank you for taking the time to speak with me last week about some questions you had regarding HdL
Software.
First, I'd like to address some items that came up in our conversation:
1. Link to Tyler Financial system: HdL has linked to many financial systems for many of our
clients and we can definitely do the same for the City of Menifee if the'City chooses. The link or
interface to any financial system would be an additional cost to the City but, because of the great
reporting features of HdL's Business License Software, many of our clients have found that a direct
link is not necessary. The built in daily cash receipts listing allows users to use the information to
make quick journal entries into the City's GL.
2. Best of Breed: When it comes to Business License Software, HdL has set the standard because
that it what we do best. We have the experience and knowledge to back up our software.
Although there are many great financial systems out there, we have found (from speaking to our-
clients) that their business license software leaves much to be desired. The ease of use of the
program, the speed at which your staff can prepare analytical reports, the convenience of built in
renewals, licenses and letters and the support of knowledgable staff that have walked in your
shoes makes HdL the choice of over 235 clients throughout California.
3. HdL Prime: HdL is currently working on a big upgrade to the existing Software systems. Because
we are almost ready for a big release, I can only give you a glimpse of what the new and improved
software will do...
A: No compromise internet based solution - forget about weak browser limited user interfaces
with slow response times and ineffective keyboard.support. HdL Prime utilizes the full power of
your PC and the latest Microsoft.NET framework to provide a full featured desktop user interface
deployed over the internet. HdL Prime allows you the benefits of a web based solution without the
compromises inherent in a browser bound application. So, if the City of Menifee is looking for a
hosted solution in the near future, HdL Prime is your choice.
B: Through HdL Prime, you can connect with customers via email; sending renewal notices and
other needed communications. Your customers will be able to renew online, apply for a new
license, pay a balance due, request or download additional copies of a form such as a current
license, a letter or a renewal form, they will be able to update contact information and even upload
additional required documents directly into HdL Prime.
C: HdL Prime will support both hosted and on-premise deployment methods, so you can select the
solution that best fits your agency's needs.
D: HdL Prime facilitates a-team work, allowing departments to work together electronically
withour requiring the typical forms and worksheets. Email notification to other departments such
as inspectors or code enforcement officers. The inspectors can then retrieve their inspection
schedule digitally while in the field and immediately record inspection results - you can say
goodbye to daily paper inspections schedule lists, paper task lists and help your City by saving
money, saving time and saving the environment "Go Green"
4. Upgrading to HdL Prime: I have been authorized to let you know that when HdL Prime is ready
and the City would like to upgrade, we will definitely give you a discount on the costs. As we do
not have total costs yet (although, they will be minimal), we can discuss this later on this year.
5. Hosting the software: Robert Gray, President of HdL Software, is currently working on a cost
analysis report to come up with pricing for hosting the software for our clients. When this analysis
is complete, we will pass this information on to the City of Menifee.
1
6. Purchasing Web Module with Business License: We are offering the City of Menifee a
substantial discount on the Web Renewal Module because we understand that the City is just
starting out. We believe this would be a great time to take advantage of this discount and
purchase the Web Renewal Module together with the Business License program. This will not only
assist the City staff with processing, it will also save time and money since it will eliminate the
need to print and mail renewal forms to your taxpayers. I have attached more information that
explains all of the savings to the City of Menifee.
7. Link to Sales Tax to find additional revenue: HdL Software is the only company that is
allowed to link directly to HdL's Sales Tax Database. By cross indexing the Business License and
Sales Tax databases, City staff will be able to find unlicensed businesses - this means more
revenue for your general funds. It's easy, it's intuitive and it works.
I hope I was able to answer the questions you had with regards to our software and why you should go
with our system. That's why we have such happy clients - some right near you...Murrieta, Temecula, San
Jacinto, Moreno Valley, Beaumont, Banning, Vista, Lemon Grove and many, many more. Attached is a full
client list.
Please let me know if I can help with any other questions you may have.
Thank you for your time and I look forward to hearing from you soon.
Sincerely,
Marta A. Bonnin, CRO
Sales Manager
HdL Software, LLC
(909) 861-4335
(888) 861-0220
mbonnin@hdlcompanies.com
www.hdlcompanies.com
HAL Software, LLC
l eliveairrg efJ161eney to gowr+ament
Please consider the environment before printing this email.
2
Em HdL Software, LLC
MINIMUM Delivering efficiency to government
April 15, 2010
Ms. Kathy Bennett
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
Re: Purchase of Business License Software only
Dear Ms. Bennett,
Thank you for the opportunity to respond.to the City of Menifee's RFP for Business License
Software.
As you are reviewing the proposals, please take note that we have combined the pricing for
the Business License Software and the Web Renewal Module. The reason for this is that we
could give you a substantial discount if the City chooses to purchase both at the same time.
The cost for the Web Renewal Module is currently $12,750 so by purchasing them together,
we are offering a discount of$7,250.00.
Business License is currently listed at $19,500 yet we have discounted this by $5,000.00 to
a price of$14,500.00
We are hoping that the City of Menifee decides to move forward with both systems to take
full advantage of these discounts but, if the City chooses to only purchase Business License
at this time, we will honor the pricing noted in the proposal for just the Business License
Software - Software License fee of $14,500.00 plus $3,000.00 for implementation (plus
incidental fees as outlined in the proposal which may include conversion ($2,800.00) if the
City chooses to have HdL convert data). The annual maintenance for just the Business
License Software would be $3,900.00 beginning in the 2"d year (as we do not charge for 1st
year maintenance - this is included in the software license fee)
Should you have any questions, please feel free to contact me.
Again, thank you for the opportunity to present our software proposal to the City of Menifee
and we hope to hear from you soon.
Sincerely,
M44. 30
Marta A. Bonnin, CRO, Sales Manager
1340 Valley Vista Drive,Suite 200, Diamond Bar,CA 91765-3910
Email: Sales@hdicompanies.com • Toll Free 888-861-0220 • Tel 909-861-4335 • www.hdlcompanies.com
LIMHdL Software, LLC
-i Delivering efficiency to government
April 15, 2.010
Ms. Kathy Bennett
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
Re; Purchase of Business License Software only
Dear Ms. Bennett,
Thank you for the opportunity to respond to the City of Menifee`s RFP for Business License
i
Software.
f
S
As you are reviewing the proposals, please take note that we have combined the pricing for
the Business License Software and.the Web Renewal Module. The reason for this is that we
could give you a substantial discount if the City chooses to purchase both at the same time.
The cost for the Web Renewal Module is currently $12,750 so by purchasing them together,
we are offering a discount of$7,250.00.
Business License is currently listed at $19,500 yet we have discounted this by $5,000.00 to
a price of $14,500.00
We are hoping that the.City of Menifee decides to move forward with both systems to take
full advantage of these discounts but, if the City chooses to only purchase Business License
at this time, we will honor the pricing noted in the proposal for just the Business License
Software — Software License fee of $14,500.00 plus $3,000.00 for Implementation (plus
Incidental fees as outlined In the proposal which may include conversion ($2,800.00) If the
City chooses to have HdI-convert data). The annual maintenance for just the Business
License Software would be $3,900.00 beginning in the 2"d year (as we do not charge for 11r
year maintenance — this is included In the software license fee)
Should you have any questions, please feel free to contact me.
Again, thank you for the opportunity to present our software proposal to the City of Menlfee
and'we hope to hear from you soon.
Sincerely,
MA
Marta A. Bonnin, CRO,Sales Manager
i
1340 Valley Vista Drive,Suite 200,Diamond Bar,CA 91765-3910
Email; Sales@ hdlcompanies.com • Toll Free 888-861-0220 • Tel 909-861-4335 • www.hdicompanies.com
i